Employment Law

[eve1974]

If someone has been in a position for about 8 years can someone issue them with a new contract?

The job wld be broadly the same but the areas of responsibility different. The new area of responsibility would be less.

To give a background one of the members of staff is losing the plot (sorry no way to say it nicely). He is a much valued member of staff and employers do want to keep him on (same salary etc). But reduce his responsibilities to help with damage limitation.

He’s an older gent -well past official retirement age -

Like I said - he is valued .... he won’t lose his job .... (purely out of employers loyalty). but is becoming a risk health n safety wise .

This will be done as kindly and tactfully as possible

Can he refuse to agree to a ne contract? If he does what would the next steps be?

[drmorgans]

ACAS say it is best if a new contract can be agreed but the employer can (as a last resort impose) a new contract:

https://www.acas.org.uk/changing-an-employment-contract

[Buenchico]

A useful starting point:
https://www.gov.uk/your-employment-contract-how-it-can-be-changed

(Click 'Next' at the foot of each page)

[woofgang]

If they just want to do damage limitation and not change any of his other T's and C's, they can also "temporarily" assign the duties in question to other staff members as a training strategy...to even out the workload...or for pretty much any other tactful reason. Temporary reasons without changes to working hours, payment, leave and so on do not usually require a contract adjustment....indeed there is often a clause in the contract allowing for them.

[Hymie]

You have the right to disagree with the changes in employment contract – the employer could then let the contract to remain as is; alternatively dismiss you for refusing to agree to the new terms. You could opt to resign and claim constructive dismissal at the change in employment contract, but this must be done within three months from the date of contract change – otherwise you will have been deemed to have accepted the change in terms.

If dismissed, you could take the matter before an industrial tribunal for wrongful/constructive dismissal. Bear in mind that you would not win the case if the changes in employment terms were minor in nature. It would be up to the tribunal to decide whether it was reasonable for you to accept the new employment terms.

I don't think that there is such a thing as 'official retirement age'.

[eve1974]

Ty all - that is very helpful.